Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-11-16
GENERAL LAND OFFICE.

WAsHISGToN, November Is. 1887.
10 ne President: The honorable Secretary of
the interior advises me, by letter dated the i1th
instant, in effect that he should on that date
present to you the alternative of selecting a
new secretary of the Interior, or new Commits
sloner OF the General Land Office. Under the au-
thorlIy vested IN the Commissioner by the laws /
had, previous to September, 1887 made adjust
ments of certain railroad land grants. two of
Whlch-knoWn as the Omaha cases-I had been
Qrecled Dy the Secretary to report on October
Z, 1881 Two decisions of the Secretary were
rendered in the Omaha cases. non-concurrinp in
my adjustments, and oyerruling the authority
on which they were based. He directed me at
the same time to cause the grants to be adjusted
in conformity with said decisioSs | now infer
from his published letter, that the decisions were
not approved by the official law advisor for the
Department OF the Interior
The point at issue related to the claim of the
railroad companies to indemnity for lands that
unuer the railroad granting Acts were reserved
from the operation OF these Acts by express
terms of the statutes. Previous to 1873 the lands
that had been reserved by the Government for
Indian and other purposes, had been patented
or certified to the companies both as granted
lands and as indemnity, promiscuously with
other lands. This seems to have been done in
companies whatever they asked for apparently
without much consideration of the restrictions
and limitations of the grants. In that wear
title to large quantity of such lands in the
State of Kansas, which had been so erroneously
conveyed TO the Leavenworth. Lawrence and
Galveston Railroad Company, was declared in
valid by The United States Supreme Court
Since that date the lands that were reserved at
the Gate of the grant, or date of definite loca-
ton of the roads. have been regarded and
treated IN the decisions and practice of this of
nee, and department. as eXcluded-not only
from all grants, but from the indemnity basis
under all grants, wherein..such reserved lands
are by terms of law excluded from the opera
tlon OF the Act.''
The Secretary held in the Omaha cases that
the company was entitled to indemnity for such
lands; This decision, if adhered to, will have
the effect to take from the people many million
acres of land within the railroad indemnity
limits, which, by your advice and with your
approval, as expressed IN the Guilford-Mill
case, have been proclaimed to the country a.
restored to the public domain. The question
OF the correctness of these decisions became
therefore matter of momentous concern If
they correctly declare the law, these lands be-
long to the railroad companies. If they did not
correctly declare the law, the lands belonged to
the people.
The Omaha decisions purport to be founded
upon the decision of the Supreme Court in the
case OF the Winona and ST. Peter Railroad Com
pany VS.. Barney, the assertion being made that
the plain language" of the Court in that case
seems to be conclusive of the questions pre-
sented," and also upon the certain rule of
statutory Interpretation relied upon as being an
axiom OF the Constitution. The said decisions
were further inferred, by reference to an unre-
ported decision of the United States Circuit
Court for Wisconsin, which was said in the
Omaha case to be a judicial construction which
seems to leave mo further room for discussion
1t appeared to me that the decision of the Su-
preme Court in the Barney case was absolutely
silent upon the question decided in the Omaha
cases 1t also appeared to me that the question
at issue was not in the case decided by the Cir
cult Court for Wisconsin, and 1t seemed that the
rule OF statutory Interpretation adopted in the
Omaha cases was the opposite of the rule of
construction adopted by the Courts and laid
down by the law writers.
l was, therefore. profoundly convinced that
the Secretary had been committed TO errors of
law which. II brought fully to his personal at
tention, might be corrected. 1t is the practice
OF the Department TO permit representatives of
railroad companies and other private interests
to apply for reviews and recons derations of de-
cisions when questions ere decided against such
interests. l believed that, as an officer of the
Government, having immediate guardianship
of the public lands and immediate charge of
the issuance of patents under all grants of land
had at least an equal right with the represent
atives of private interests to ask the Secretary
to re-examine departmental decisions; and
/ believed It especially proper to express
my views to the Secretary in these cases. be-
cause bad not, but would have done so in the
original instance II had anticipated change |
of ruling and decision upon the point in uues- |
tion. Accordingly personally expressed to the
Secretary my desire to have review OF the de- |
clsons III these cases He suggested to me to |
let the matter rest for the present. in which sug
gestion cheerfuliy scquiesced.
IL these decisions foreshadow a change In the |
official policy on this subject, knowing well |
what this Will mean in its practical applica- |
ton. could not, with my sense of duty be the |
instrument to effect the change. Having ever, |
as uOW, Tc2dIueQ tue commission mold rs sub |
ject to your recall, and desiring to relieve you |
of any possible embarrassment, herewith |
tender you my resignation of the Office of Com |
missioner of the General Land Office and ask |
its early acceptance. In thus seveIing my con- |
nection with your Administration, | beg to |
assure you of my earnest wish that the same |
wisdom, frmness and integrity which has thus |
far so em,nently marked your administration |
may continue to enhance you in the estimation |
of your countrymen. Very respectfully,
WN. A. J. SPARKS
MEEK AS SUCKING DOVE"
lCopWig 1857. by c.e California associated Pressl
WASHINGTON, November 15th.-[Special. |
commissioner Sparks of the General |
Land Office sent his reply to Secretary La
mars letter and rendered his resignation to
the President this afternoon. There is TO |
doubt but that bis resignation will be ac- |
cepted, and the moderate tone of his letter
leads to the opinion that General Sparks |
will be offered another position under the |
Administration. 1t was generally believed
that Sparks would cross swords in earnest
with Lamar, but be did not see fit to do so. |
What the Commissioner will do in the
event of the acceptance of his resignation,
is problematical. He may see fit then to
asssil Secretary Lamars administration of
the Interior Department but the chances
are that he will accept the verdict of the
President and go home to his constituents
in Illinois for the yindication to which he
thinks himself entitled